Texas HOA Standby Generators: Tex. Prop. Code 202.019

What the law covers

The law applies to property owners' associations and their dedicatory instrument provisions.

It defines a standby electric generator as a device that converts mechanical energy to electrical energy and is:

• powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen;
• fully enclosed in an integral manufacturer-supplied sound attenuating enclosure;
• connected to the main electrical panel of a residence by a manual or automatic transfer switch; and
• rated for a generating capacity of not less than seven kilowatts.

Except as provided by the section, an association may not adopt or enforce a provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.

Key requirements and limits

An association may adopt or enforce provisions to regulate installation and operation, including requirements to:

• comply with manufacturer specifications and applicable governmental health, safety, electrical, and building codes;
• use licensed contractors for all electrical, plumbing, and fuel line connections;
• screen the generator in certain visible locations;
• set reasonable testing times consistent with the manufacturer's recommendations;
• limit use of the generator for all or substantially all power unless utility power is unavailable or intermittent for reasons other than nonpayment;
• regulate location; and
• prohibit locating the generator on association-owned or commonly owned property.

Permitted provisions must be reasonably applied and enforced. If approval is required before installation, it may not be withheld when the proposed installation meets or exceeds permitted provisions. Application information cannot be greater or more detailed than for any other exterior improvement.

Location rules are unenforceable if they increase installation cost by more than 10 percent, or increase the cost of installing and connecting electrical and fuel lines by more than 20 percent.

Notice, hearing and deadlines

In a hearing, action, or proceeding to determine compliance, the party asserting noncompliance bears the burden of proof. The shown text does not set specific notice periods or application deadlines.

Practical checklist for homeowners

• Review your association's governing documents.
• Confirm the generator meets the statutory definition, including the seven kilowatt minimum.
• Keep copies of applications, approvals, and notices.
• Verify that any required contractors are licensed.
• Check the official statute text for updates.
• The association's governing documents and later amendments may also apply.